The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The century contest over slavery in the United States made that factor
so prominent in national history that it overshadows matters of equal
importance in many transactions. The anti-slavery provision of the
Ordinance of 1787 has been extravagantly praised ever since the oratory
of Daniel Webster first called general attention to it. Sectional
partisans have exhausted logic in trying to trace the authorship to
Jefferson, a Southern man, or to Dane, a Northern man. The North has
credited it to the persistence of New England; the South, pointing to
the five Southern affirmative votes out of the eight, has attributed
it to the indulgence of their section. In recognising this first
anti-slavery action of the National Government, Northern orators have
overlooked an attendant clause, the first national fugitive slave law.
It paved the way for a similar provision in the Constitution and led
to the obnoxious slave rendition laws of later years. In praising the
indulgence of the South, the eulogists of that section have failed to
consider the price the New England Associators paid in this first
slavery compromise of the nation.
When the blinding passion of the slavery question is eliminated from
a consideration of this ordinance some other beneficent provisions,
added through the desire to satisfy the New England purchasers, begin
to appear. They are taken largely from the "bill of rights" placed in
the first constitution of the State of Virginia by George Mason, and
copied in many of the later constitutions, including that of the United
States. They seek to guarantee the rights of the individual against
the encroachments of the Government; to embody the principles which
the English barons secured at Runnymede; to secure the inheritances
left to the English-speaking people by Hampden and Pym. Although many
of the early State Constitutions contained a guarantee of religious
freedom, _habeas corpus_, trial by jury, rights to property, and regard
for contracts, as has just been stated, these principles had not been
expressed in the Articles of Confederation and the General Government
was not bound in any manner to grant them in the western territory.
But their incorporation in the ordinance gave assurance that their
benefits were not to be confined to the original States.
Public-domain text, read in full here on John Shaqi.
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